Can a Joint Account Be Closed by One Person?
Explore the full scope of one person closing a joint bank account: understanding the rules, process, and critical implications.
Explore the full scope of one person closing a joint bank account: understanding the rules, process, and critical implications.
Joint bank accounts serve as a common financial arrangement, enabling multiple individuals, such as family members, partners, or roommates, to manage shared finances effectively. These accounts streamline bill payments and offer convenient access to funds for all listed account holders. A common question is whether a single account holder can independently close such an account. The answer depends on the specific type of joint account and the financial institution’s policies.
The ability of one person to close a joint account largely depends on the account’s legal structure, typically defined in the account agreement. Most joint accounts are established as Joint Tenancy with Right of Survivorship (JTWROS), where each owner possesses equal rights and full access to the funds, irrespective of who contributed the money. This structure means any account holder can generally withdraw all funds from the account at any time.
Alternatively, some accounts might be set up as Tenancy in Common, where each owner holds a distinct, often unequal, share, and their portion passes to their heirs upon death, rather than automatically to the other account holder. Many banks operate joint accounts under an “Either or Survivor” mandate, granting each account holder the authority to transact, including withdrawing funds, without the explicit consent of the other. While one person can often withdraw the entire balance, the actual closure of the account may require different procedures.
Bank policies regarding account closure can vary significantly. Some financial institutions permit a single account holder to close the joint account, while others require the signatures or express consent of all account holders. It is prudent to consult the bank directly to understand their specific protocols for closing a joint account.
When an account holder decides to close a joint account, the initial action involves contacting the bank to learn their specific closure procedures and required documentation. This typically includes valid identification for the person initiating the closure and the account number.
Before proceeding with closure, it is essential to transfer any remaining funds out of the joint account, as many banks require a zero or positive balance to finalize the closing process without incurring additional fees. All outstanding checks must clear, and any automatic payments or direct deposits linked to the account need to be redirected to a new, individual account. Failing to update these transactions can lead to financial disruptions and missed payments.
The closure request can often be made in person, over the phone, or online, depending on the bank’s services. After completing requirements, obtain a written confirmation of the account’s closure from the bank. This documentation serves as proof that the account has been formally terminated.
The unilateral closure of a joint account by one individual carries direct financial and potential legal ramifications for all parties involved. Financially, the funds withdrawn from the account generally become the property of the person who took them. This action can disrupt shared financial arrangements, such as joint bill payments or household budgets, potentially leaving the other account holder responsible for expenses they expected to be covered.
From a legal perspective, while one account holder may have the authority to withdraw funds, this can lead to civil disputes between the joint account holders. If the funds were intended for shared purposes, or if the other party was not consulted, legal claims, such as “unjust enrichment,” might arise. Unjust enrichment occurs when one party benefits at the expense of another without a valid legal justification.
For an unjust enrichment claim, the aggrieved party must show the other party benefited at their expense and that retaining the benefit is inequitable. Courts may order restitution, compelling the enriched party to return the unjustly gained funds or property. Even if a bank permits a single person to close a joint account, the individual initiating the closure should be aware of these potential legal challenges, especially if the funds were part of a shared financial understanding.